Most car accidents in the U.S., including Trinity, Florida are rear end collisions. In this regard, recent research studies show that 40% of all motor vehicle accidents in the U.S. involve a rear end collision.
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Who’s At Fault In A Rear End Collision?
For an auto accident claim to be adjudicated, either during settlement negotiations or at trial, a determination has to be made about fault and damages (past medical bills, future medical bills, lost wages, pain and suffering, loss of the enjoyment for the capacity of life, etc.) For those of you involved in a rear end accident, it is important to understand that in Florida the rear driver is presumed to be the at fault driver. In other words, unless the rear driver can overcome this legal presumption and prove otherwise, the rear driver in Florida will be held at fault for the crash.
Presumption of Negligence
Under Florida law, the presumption of negligence is a legal doctrine established by the courts. Under this doctrine, the judge in any rear end accident claim will assume the rear driver is at fault unless the rear driver presents evidence supporting a reasonable explanation of why he or she was not at fault. The legal doctrine of presumed fault allows a plaintiff in a rear end accident case to only carry the burden of proving there was an accident, and that he or she was hurt or damaged as a result. It does not place the burden on the plaintiff to show how and why the rear end accident took place.
The burden is left to the rear driver. The rear driver must provide evidence that contradicts the front driver’s version of the accident or give evidence that excuses what happened by explaining how he or she could not avoid the crash. If the rear driver cannot prove the accident happened in a way which contradicts the front driver’s version or show how the crash was unavoidable, then he or she cannot overcome the presumption of negligence. In this situation, the presumption becomes a fact, and the rear driver will be found to be the proximate cause of the accident and at fault for the crash.
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Who is at fault in a rear end collision?
In Florida, the rear driver must provide evidence that contradicts the front driver’s version of the accident or give evidence that excuses what happened by explaining how he or she could not avoid the crash.
Am I AUTOMATICALLY at fault if I rear end some in Florida?
No. Certain legal evidence could prove that you were not at fault. Contact an attorney for a case evaluation.
Can I sue the other driver?
If you rear-ended someone, and you feel it was not your fault, then you should talk to an attorney for a case evaluation. If your injuries were caused by the negligent acts of the other drivers, then you may have a case.